The 2 Paths of the DUI Process

If you have been arrested for a DUI, you may be confused about what will happen to your driving privileges and what will happen with court. It is important to understand that these are two separate and distinct paths of the process in the aftermath of a DUI arrest. Each path has its own timeline and requirements.

The two paths following a DUI are the Administrative Process, through the DMV, and the Court Process is through the judicial system. Each path operates independently from each other. You can learn more about the two separate paths below. Both paths requires an evaluation and may require alcohol and drug treatment education.

Administrative Process

Reinstating Your Driving Privilege

The effect DUI have on your driving privileges is determined by the Legislature and administered by the Illinois Secretary of State (DMV). You have the opportunity to request an informal or formal hearing (based on how many DUI arrets and other factors)

Ilsos.gov. Click on hearing requirements

The Judicial System

The criminal penalties for a DUI are created by the Legislature and enforced by the Courts. Your DUI case will be submitted to the local district attorney’s office, which will prosecute the case. When you are arrested for a DUI, you will receive a Uniform Summons and Complaint (Summons), which starts your court process. You will be required to appear in court and enter a plea.

The court process is separate from the Administrative Process and has a different timeline. Findings in one process have no effect on the other. The court may or may not impose fines, jail time, treatment programs, restitution, or probation if you are found guilty of DUI. The Secretary of State requirements must be met: complete treatment recommendations and have proof, a new evaluation not more than 6 months old, detail alcohol and drug use history, based on level of care (usually if Chemically Dependent/Alcoholism) have Recovery support in place and provided documentation.